Vellaiyan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.18031 of 2018 and WMP(MD).15922 of 2011 Vellaiyan ... Petitioner -vs1.The District Collector, Trichy District, Trichy.
2.The District Pollution Control Officer, Pollution Control Board, Thuvakudi, Trichy.
3.The Deputy Director of Health, Trichy District.
4.The Assistant Director of Panchayat, Collectorate Office, Trichy District.
5.The Executive Engineer, Tamil Nadu Power Generation and Distribution (TNEB), Musiri Taluk, Trichy.
6.The Special Officer (Serukudi Panchayat), The Block Development Officer, (Village Panchayat), Thathankaiyar Pettai Panchayat Union, Thathankaiyar Pettai Post, Musiri Taluk, Trichy District.
7.The Revenue Divisional Officer, Musiri, Trichy District.
8.The Tahsildar, Musiri Taluk, Trichy District.
9.Shanmuganathan ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of mandamus, directing the Respondents to consider the petitioner's representation dated 19.02.2018 and consequently prevent the 9th Respondent from putting up of poultry farm in the petitioner's village situated at Nadar Colony and Weavers Colony of Serukudi Village, Musiri Taluk, Trichy District.
For Petitioner :
Mr.M.R.Sreenivasan
For Respondents 1 to 4, 6 to 8 :
Mr. N.Shanmugaselvam Additional Government Pleader For 5th Respondent :
Mr.S.M.S.Johny Basha For 9th Respondent :
Mr.N.Balakrishnan for Mr.N.Sudhagar Nagaraj
O R D E R
(Order of the Court was made by M.M.SUNDRESH, J.) This Writ Petition has been filed by the petitioner, seeking a direction to the Respondents to consider the petitioner's representation dated 19.02.2018 and consequently prevent the 9th Respondent from putting up of poultry farm in the petitioner's village situated at Nadar Colony and Weavers Colony of Serukudi Village, Musiri Taluk, Trichy District.
2.Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the respondents 1 to 4, 6 to 8, the learned Standing for Counsel for respondent No.5 and the learned counsel appearing for the 9th respondent. 3.The sum and substance of the grievance of the petitioner is that the respondent No.9 is in process of establishment of poultry farm without obtaining permission both for building and for running. 4.When the matter was taken up for hearing the learned counsel appearing for the 9th respondent would submit that poultry farm would be put into operation only after getting appropriate permission.
5.In such view of the matter, the Writ Petition stands disposed of with a direction that the respondent No.9 shall not put up construction without permission. Similarly he shall not start the poultry farm without permission.
6.This Writ Petition stands disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/ Assistant Registrar (CS-III) /True copy/ Sub Assistant Registrar (CS-III)
To 1.The District Collector, Trichy District, Trichy.
2.The District Pollution Control Officer, Pollution Control Board, Thuvakudi, Trichy.
3.The Deputy Director of Health, Trichy District.
4.The Assistant Director of Panchayat, Collectorate Office, Trichy District.
5.The Special Officer (Serukudi Panchayat), The Block Development Officer, (Village Panchayat), Thathankaiyar Pettai Panchayat Union, Thathankaiyar Pettai Post, Musiri Taluk, Trichy District.
6.The Revenue Divisional Officer, Musiri, Trichy District.
7.The Tahsildar, Musiri Taluk, Trichy District.
+1cc to Mr.M.R.SREENIVASAN, Advocate, SR.No.90765 +1cc to Mr.N.SUDHAGAR NAGARAJ, Advocate, SR.No.90677 W.P.(MD) No.18031 of 2018 and WMP(MD).15922 of 2011 12.10.2018 SJ KK/RP/SAR-3/01.11.2018/3P-10C